Communicating to or about someone in an inappropriate or “lewd” way, repeatedly sending unwanted communications, and issuing threats all count as online harassment, cyberbullying, and/or online stalking.
Keep reading for a more complete overview of online harassment and cyberbullying laws, as well as how a Pennsylvania cybercrime lawyer can protect your rights throughout your legal case.
What Are Pennsylvania’s Online Harassment and Cyberbullying Laws?
The commonwealth has multiple laws that address these topics. While harassment and stalking are considered two different crimes, as you can see from the descriptions below, there is overlap between them. You may therefore end up being charged under both of the following statutes:
18 Pa. C.S. § 2709
This law defines both in-person harassment and online harassment. The latter crime may involve some or all of the following:
- Using obscene or threatening language or images when talking to or about another person
- Sending multiple anonymous messages
- Sending multiple messages at “extremely inconvenient hours,” like in the middle of the night
The first of these actions, found at 18 Pa. C.S. § 2709(a)(4), is perhaps the one most commonly associated with cyberbullying. It may include “sexting” someone without their permission, using social media to spread malicious rumors about someone’s personal life, or sharing an explicit image of someone else without their permission.
18 Pa. C.S. § 2709.1
This law defines stalking, including online stalking. It is illegal to communicate with another person with the intent of making them feel physically unsafe or emotionally distressed. This includes internet communication, such as using social media or direct messaging to issue threats of physical or sexual violence.
Even if the sender had no intention of carrying out these threats, making threats is in and of itself a crime if a reasonable person would be upset by the content of the messages.
What Are the Penalties for Cyberbullying in Pennsylvania?
It is important to recognize that penalties can vary considerably from case to case. The exact charge(s) against you, any prior convictions, and the extent of the harm done can all influence your sentence if you are convicted.
Online harassment penalties may include jail or prison time and fines that run as high as many thousands of dollars. Given how negatively the public views harassment and stalking, the official penalties may be just the beginning:
- You might have a more difficult time getting into the school of your choice or securing a good job.
- People you were once close to may distance themselves either to save their own reputations or because they genuinely believe you are guilty.
- The weight of a conviction can negatively affect your mental health and self-image.
All of this sounds scary, but a cybercrimes lawyer can work to minimize the penalties you face and get you back to your regular life.
What to Do if You Are Accused of Online Harassment or Another Cybercrime
When charges have been or are about to be filed, time is of the essence.
If you have not been arrested yet, call a defense attorney right away. It is never too early to start learning about your rights and figuring out how to defend yourself if charges are filed.
If you have already been arrested, do not say anything. You do not have to answer any questions from the police or other investigators until you have spoken to a lawyer. Tell the police that you are invoking your right to remain silent and your right to legal representation. This is the only thing you should say until your attorney arrives.
What to Avoid if You Face Harassment or Stalking Charges
Do not try to sort things out with your accuser, especially if they have gotten a protective order against you. They might interpret any further messages as additional threats, which in turn can make your situation worse. Your lawyer will handle all necessary communication with the other side.
You should also avoid deleting or hiding evidence, such as any messages you sent to the accuser or the phone you used to send those messages. Your online interactions with the accuser are already known to investigators. Trying to conceal information can lead to additional charges and make you look guilty to both investigators and the jury.
Cyberbullying Laws Are Important. So Are Your Rights.
While it is crucial to protect internet users from abusive and bad-faith interactions, it is equally important to ensure that everyone who passes through the legal system is treated fairly. A criminal defense attorney can protect you against unjust accusations and fight to minimize the disruption to your life.
Unlike the police and the prosecution, whose main goal is to close the case as quickly as possible, your lawyer is on your side, so tell us everything. Some people may want to withhold information that they think makes them look bad, but this is a mistake:
- Your lawyer is here to protect you, not to judge you.
- Your lawyer can only mount a strong defense if they have all available information.
- Even if you think the prosecution does not know something, they might have more information than you realize, so failing to disclose everything to your lawyer could leave them unprepared to deal with certain aspects of the case against you.
The sooner you hire an attorney and share everything you know about your case, the better.
If You Have Been Accused of Cyberbullying, Get Legal Help Now
As a former prosecutor, David McKenzie fully understands how the law works from both sides. Let McKenzie Law Firm, P.C., use that knowledge in your case. We can explain Pennsylvania’s online harassment and cyberbullying laws, evaluate your case, and come up with a plan of action to defend your rights. Call now for a free consultation.
